bryant

The mayor of New Paltz, New York is about to start performing gay marriages.

The story highlights an important aspect of this issue: namely, that the New York state constitution does not specify marriage as being between a man and a woman. Nor does the Massachusetts state constitution. The Massachusetts SJC, like the mayor of New Paltz, are in fact taking strict constructionist approaches to interpreting the law. Does the state constitution say that marriage is restricted to one man and one woman? If not, by strict constructionist doctrine, it is not.

[Crossposted from Population: One; go here for the original post.]